Note: This opinion was effectively overruled in part by the Supreme Court of Virginia on November 2, 2004, when it amended the Commentary to Canons 2A and 5A, expressly allowing judges to vote in "open" primaries conducted by the State Board of Elections.

Date Issued: February 1, 2000

Propriety of a Judge's Voting in a Primary Election or "Firehouse Primary"

ISSUE

Upon reconsideration, should the committee revise or rescind Opinion 99-6 issued November 15, 1999?

ANSWER: No

FACTS

Within thirty days after the distribution of Opinion 99-6 to all judges, persons authorized to request an opinion petitioned the committee to reconsider that opinion. The request, submitted by letter, explained the basis for the request.

REFERENCES

Order of the Supreme Court of Virginia establishing the Judicial Ethics Advisory Committee, entered January 5, 1999, paragraph 51.

All opinions shall be advisory only, and no opinion shall be binding on the Judicial Inquiry and Review Commission or the Supreme Court in the exercise of its judicial discipline responsibilities. However, the Judicial Inquiry and Review Commission and the Supreme Court may in their discretion consider compliance with an advisory opinion by the requesting individual to be evidence of a good faith effort to comply with the Canons of Judicial Conduct provided that compliance with an opinion issued to one judge shall not be considered evidence of good faith of another judge unless the underlying facts are substantially the same. Order of the Supreme Court of Virginia entered January 5, 1999.